HomeMy WebLinkAbout35-06 RESOLUTIONRESOLUTION NO. 35-06
A RESOLUTION ACCEPTING AN ARKANSAS PARKS
AND TOURISM OUTDOOR RECREATION GRANT IN
THE AMOUNT OF $115,128.00 FOR THE
CONSTRUCTION OF PHASE IA OF THE BOTANICAL
GARDENS; AND APPROVING A BUDGET
ADJUSTMENT RECOGNIZING THE GRANT
REVENUE.
WHEREAS, the City of Fayetteville, Arkansas seeks to improve recreation
facilities in the City, and sought grant funding assistance for such; and,
WHEREAS, in order to obtain the funds necessary to develop and/or improve the
site for such a recreation area, it was necessary to obtain a 50/50 Matching Grant from
the Arkansas Department of Parks and Tourism's Outdoor Recreation Grant Program;
and,
WHEREAS, the City Council of the City of Fayetteville, Arkansas understands
the grantee and grantor will enter into a binding agreement which obligates both parties
to the policies and procedures contained in the Land and Water Conservation Fund
Grants Manual including, but not limited to the following: the park area defined by the
project boundary map, submitted in the application, must remain in outdoor recreation
use in perpetuity, regardless if the property is bought or developed with matching grant
funds and; all present and future overhead utility lines within the project boundary must
be routed away or placed underground and, the project area must remain open and
available for use by the public at all reasonable times of the day and year; facilities can be
reserved for special events, league play, etc. but cannot be reserved, leased, or assigned
for exclusive use, and; the project area must be kept clean, maintained, and operated in a
safe and healthful manner. The City Council of the City of Fayetteville, Arkansas is well
aware and apprised of the above-mentioned project, and will provide the local portion of
the development cost of the entire project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby
accepts, in cooperation with the Botanical Garden Society of the Ozarks, a Outdoor
Recreation matching grant from the Arkansas Department of Parks and Tourism for
assistance, in the amount of $115,128.00, to develop recreation facilities for the City, to
wit: the construction of Phase 1A of the Botanical Gardens.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby
approves a Budget Adjustment to recognize the grant amount as revenue.
PASSED and APPROVED this 7th day of March, 2006.
APPROVED.
By:
DAN COODY Mayor
1
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2006
Department: Operations
Division: Parks & Recreation
Program: Parks Development Capital
Date Requested
2/7/2006
Adjustment Number
Project or Item Requested:
$115,128 in the Transfer to Botanical Gardens account
of the Parks Development Fund.
Project or Item Deleted:
None. To recognize $115,128 in the State Grants -
Capital account of the Parks Development Fund.
Justification of this Increase:
Grant funds are being passed through the City to the
Botanical Gardens. No City funds are being used.
Justification of this Decrease:
This adjustment is administrative.
An Arkansas Outdoor Recreation Matching Grant was
received for. the Botanical Gardens at Lake Fayetteville.
This adjustment recognizes that revenue.
Increase Budget (Decrease Revenue)
Account Name Account Number Amount Project Number
Transfer to Botanical Gardens 2250 9255 5736 00
Account Name
Decrease Budget (Increase Revenue)
Account Number
State grants - capital 2250 0925 4302 00
115,128 06016 1
Amount Project Number
115,128 06016 1
Approval Signatures
BGdget Manager Date
Department Director
X.FiQIC�
Date
2.-i-/-04,
Finance & Inter oal Servi -s Director Date
Mayor
r
Date
Budget Office Use Only
Type: A B C E
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial - Date
Initial Date
Connie Edmonston
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
7 -Mar -06
City Council Meeting Date
Parks and Recreation
Division
Action Required:
.09
Operations
Res_
3/7!A
,S'
/3,01 -ant (AI
Geurdtr
Gra"`t
Department
Resolution to accept grant from the Arkansas Department of Parks and Tourism in the amount of $115,128, and
approval a budget adjustment in the same amount for a transfer to the Botanical Garden Society of the Ozarks.
$0.00
Cost of this request
2250.9255.5736.00
Account Number
Project Number
Budgeted Item
Category/Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
x
Transfer to Botanical Gardens
Program Category / Project Name
Parks Development Capital
Program / Project Category Name
Parks Development Capital
Fund Name
Depa ent birector
City Attorney
inarfce and Internal Service Director
Mayor
2`13-06
Date
1/ z, Jot
Date
-Z6
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
City Council Meeting of March 7
CITY COUNCIL AGENDA MEMO
To: Mayor Dan Coody and City Council
Thru: Gary Dumas, Operations Director
Connie Edmonston, Parks and Recreation Director
From: David Wright, Recreation Superintendent
Date: February 13, 2006
Subject: Acceptance of Outdoor Recreation Grant
RECOMMENDATION
Parks and Recreation Staff recommends City Council pass a resolution accepting a
matching grant from the Arkansas Department of Parks and Tourism Outdoor Recreation
Grant Program and approve a budget adjustment in the amount of $115,128. This grant
will be used in the development of Phase 1 A of the new Botanical Gardens of the Ozarks
at Lake Fayetteville. Phase 1 A will include a studio workshop with offices, meeting
space and room for lectures, an arrival plaza, the Great Lawn, themed gardens, green
house and public parking.
BACKGROUND
On October 2, 2005, City Council passed Resolution Number 198-05 authorizing Parks
and Recreation, in conjunction with BGSO to apply for a grant from Arkansas
Department of Parks and Tourism. The resolution states, "the City of Fayetteville and the
State of Arkansas will enter into an agreement which obligates both parties to the policies
and procedures contained in the Land and Water Conservation Fund Grants Manual
including, but not limited to the following: the park area defined by the project boundary
map, submitted in the application, must remain in outdoor recreation use in perpetuity."
DISCUSSION
The BGSO applied for this grant in 2005 through the Parks and Recreation Division.
Applicants for this grant must be a municipality or an organization with long term
agreement with a municipality, and are providing outdoor recreation opportunites to the
public. The BGSO certainly met these qualifications.
The grant is a 50/50 matching grant and is paid in reimbursables. After consulting with
the Budget Division, we prepared this budget adjustment in the amount of $115,128. The
BGSO is responsible for the constuction of the facility and will be responsible for
preparing the payment requests and reports to the State. The State will send payments to
the City. Once the City has received the money from the state, a check can be processed
to reimbuse the BGSO. Although the City of Fayetteville will be distributing the
$115,128 to the BGSO, we will not witness any financial burden. The total project cost
for Phase IA is $832,200.
•
City Council Meeting of March 7
BUDGET IMPACT
The City of Fayetteville will see a total of $115,128 in expenses for the construction of
Phase l A at the BGSO location. However, the State of Arkansas will reimburse the City
the total amount of the expense.
Attachments:
Resolution 198-05
Arkansas Department of Parks and Tourism Grant Award Notification
Budget Adjustment
July 27 Memo to Mayor and City Council
RESOLUTION NO.
A RESOLUTION ACCEPTING AN ARKANSAS PARKS AND
TOURISM OUTDOOR RECREATION GRANT IN THE AMOUNT
OF $115,128.00 FOR THE CONSTRUCTION OF PHASE 1A OF
THE BOTANICAL GARDENS; AND APPROVING A BUDGET
ADJUSTMENT RECOGNIZING THE GRANT REVENUE.
WHEREAS, the City of Fayetteville, Arkansas seeks`to-iin" M$'e
facilities in the City, and sought grant funding assistane" foruch; and,
reation
I
WHEREAS, in order to obtain the funds neces aryyrto Zievelopjd/or
improve the site for such a recreation area was nec sS ryy e obtain a 5,9//50
Matching Grant fromthe4 lc. : s Depar i� f •f Parks ar d Tourism's ut'door
Recreation Grant Proan
WHEREAS, the City
understands thegrantee. and
obligates both parties
WatfeJrJ Conserva on Fig
the City of ayetteville, Arkansas
I enterionto binding agreement which
ivies ai tl procedures contained in the Land and
aai including, but not limited to the
followg: the1rk area fined by the project boundary map, submitted in the
applic tion, re gt remain in outdoor recreation use in perpetuity, regardless if
the Rvilpertyxds bought or developed with matching grant funds and; all present
andfuture overhead utility lines within the project boundary must be routed
awa or placed underground and; the project area must remain open and
available for use by the public at all reasonable times of the day and year;
facilities can be reserved for special events, league play, etc. but cannot be
reserved, leased, or assigned for exclusive use, and, the project area must be kept
clean, maintained, and operated in a safe and healthful manner. The City
Council of the City of Fayetteville, Arkansas is well aware and apprised of the
above-mentioned project, and will provide the local portion of the development
cost of the entire project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby accepts, in cooperation with the Botanical Garden Society of the Ozarks, a
Outdoor Recreation matching grant from the Arkansas Department of Parks and
Tourism for assistance, in the amount of $115,128.00, to develop recreation
facilities for the City, to wit: the construction of Phase 1A of the Botanical
Gardens.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Budget Adjustment to recognize the grant amount as revenue.
PASSED and APPROVED this 7th day of March, 2006.
•
RESOLUTION Na 198-05
A RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR AN
ARKANSAS PARKS AND TOURISM OUTDOOR RECREATION GRANT IN
THE AMOUNT OF $250,000.00 FOR THE CONSTRUCTION OF PHASE 1A OF
THE BOTANICAL GARDENS.
WHEREAS, the City of Fayetteville, Arkansas seeks to improve recreation facilities and
wishes to seek grant funding assistance; and,
WHEREAS, in order to obtain the funds necessary to develop and/ or improve the site
for such a recreation area, it is necessary to obtain a 50/50 Matching Grant from the Arkansas
Department of Parks and Tourism's Outdoor Recreation Grant Program; and,
WHEREAS, the City Council of the City of Fayetteville, Arkansas understands the
grantee and grantor will enter into a binding agreement which obligates both parties to the
policies and procedures contained in the Land and Water Conservation Fund Grants Manual
including, but not limited to the following. the park area defined by the project boundary map,
submitted in the application, must remain in outdoor recreation use in perpetuity, regardless if
the property is bought or developed with matching grant funds and; all present and future
overhead utility lines within the project boundary must be routed away or placed underground
and; the project area must remain open and available for use by the public at all reasonable times
of the day and year; facilities can be reserved for special events, league play, etc. but cannot be
reserved, leased, or assigned for exclusive use, and; the project area must be kept clean,
maintained, and operated in a safe and healthful manner. The City Council of the City of
Fayetteville, Arkansas is well aware and apprised of the above-mentioned project, and will
provide the local portion of the development cost of the entire project
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the Mayor in conjunction with the Botanical Garden Society of the Ozarks to make application to
the Arkansas Department of Parks and Tourism for assistance, in the amount of $250,000.00, to
develop recreation facilities for the City, to wit the construction of Phase 1A of the Botanical
Gardens. Therefore, such application shall be submitted as expediently as possible.
PASSED and APPROVED this 4th day of October, 2005.
ATTEST.
By: hetet-4J
et et - J 4A
S NDRA SMITH, City Clerk
APPROVE
By:
DAN COODY, Mayor
DEPARTMENT OF
PARKS & TOURISM
One Capitol Mall
Little Rock, AR 72201
Phone: 501-682-7777
FAX: 501-682-1364
History Commission
501-682-6900 (V/TT)
Keep Arkansas
Beautiful Division
501-682-3507
Personnel Section
501-682-7742 (VITT)
Slate Parks Division
501-682-1191 (VITT)
Tourism Division
501-682-7777 (V/TT)
INTERNET
arkansas.com
AdmnsasStatePorks.com
Mike Huckabee
GOVERNOR
Richard W. Davies
EXECUTIVE DIRECTOR
STATE PARKS.
RECREATION
& TRAVEL
COMMISSION
Jane Christenson
CHAIRMAN
Jim Shamburger
VICE-CHAIRMAN
Steve Arrison
8111 Gomes
Jay Bunyard
Polly Crews
Donny Ford
Jim Gaston
Debra Hoak
Billy Lindsey
Monline McNally
Mike Mills
Ness Sechrest
Wade Williams
DIVISION DIRECTORS
Lorry Carpile
ADMINISTRATION
Greg Bulls
STATE PARKS
Joe David Rice
TOURISM
• Nancy Clark
GREAT RIVER ROAD
Wendy Richter
HISTORY COMMISSION
Robed Phelps
KEEP ARKANSAS
BEAUTIFUL
AN EQUAL
OPPORTUNITY/
AFFIRMATIVE ACTION /
AMERICANS WITH
DISABILITIES ACT
EMPLOYER
Arkansas®
THE NATURAL STATE
February 3, 2006
The Honorable Dan Coody 1
Mayor of Fayetteville
113 \Vest Mountain
Fayetteville, Arkansas 72701
RE- Project A -10486 -06 -WA
13otanieal Garden of the Ozarks/ Lake Fayetteville
Dear Mayor Coody:
RECEIVED
FEB 06 2006
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
Congratulations. The tax receipts, from the transfer tax on real estate, which partially
funds the Arkansas Outdoor Recreation Grants Program Matching Grants have been
deposited for the month. Matching funds for the City of Fayetteville is available in
the amount of $115,128.35 for the development of the Botanical Garden of the
Ozarks at Lake Fayetteville Park.,
My telephone number is 501.682.1227. Please call me to schedule your project
Management Workshop as soon as possible. You, or a representative from your
office, the person who will pay the bills, the person who will be in charge of
purchasing materials, and the one who will be supervising the project must attend the
workshop. Please have your detailed plans, specifications, amended budget, and site
plan showing handicapped accessibility to the facilities, ready for the workshop.
Sincerely
Ian Hope, Project Officer
Outdoor Recreation Grants Program
CC:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
To: Mayor Coody and City Council
Thru: Gary Dumas, Director of Operations
Connie Edmonston, Parks and Recreation Director
FROM: David Wright, Recreation Superintendent
DATE: July 27, 2005
SUBJECT: Resolution to apply for Arkansas Outdoor Grant Program
Background
The Land and Water Conservation Fund (LWCF) is a federal program with funds derived from
the sale of federal surplus real estate property, federal motor boat fuel tax, and Outer Continental
Shelf mineral receipts. The Arkansas Natural and Cultural Resources Grant and Trust Fund
(NCRGTF) is a state program with funds collected from a tax on the transfer of certain real estate
in the State of Arkansas. LWCF and NCRGTF funds are included in the Department of Parks
and Tourism's Outdoor Recreation Grants Program for funding outdoor recreation facilities.
Only incorporated cities and counties may apply. This is a 50/50 reimbursable matching grant
with a $250,000 maximum request on matching funds. Last year, Arkansas Parks and Tourism
awarded our City with $40,000 for construction of Braden Park. In 2002, the City of Fayetteville
was awarded $100,000 for construction of the skate park. This year's grant deadline is August
28, 2005. A resolution from the City of Fayetteville is required to apply for the grant.
Current Status
On, June 6th, a public meeting was held to gather input from the public of their recreational
desires and to prioritize an eligible grant project. An outreach to groups such as ethnic minority
populations, the elderly and persons with disabilities was attained through group meetings. It was
determined after obtaining public input that a grant for the Botanical Garden Society of the
Ozarks should be submitted. Immediately following the meeting, Parks and Recreation Advisory
Board endorsed the decision from the public meeting, recommending to City Council that the
Parks and Recreation Division work with the Botanical Gardens to complete the grant
application.
The grant application must include detailed budgets, plans, specifications and bid documents that
are ready for immediate bid and construction. Facilities constructed with this grant must be
accessible to the handicapped. The plans for the Botanical Gardens are completed and the
facilities are completely ADA accessible. The grant also asks the application to specify how the
funding meets the needs of the community. Based on the recommendation from the Parks and
Recreation Master Plan, our division has tried to provide a wider diversity of recreation
programming. The Botanical Garden provides the wishes of program diversity for the Citizens of
Fayetteville. -
Only municipalities can apply for the grant. However, municipalities can work with other
agencies to submit grants. The two organizations must have a Lease/working agreement,
something the City of Fayetteville and BGSO has had since 1997. If awarded the grant, BGSO
will be completely responsible for the bidding, development and payment of a contractor(s) for
Phase 1 A of the site. Phase IA will include a studio workshop with offices, meeting space and
rooms for lectures, an arrival plaza, the Great Lawn, themed gardens, green house and public
parking. The BGSO will be responsible for submitting the payment receipts and invoices to the
State of Arkansas and the City. Once the State pays the city, the money will be receipted as grant
revenue and reimbursed to BGSO. -
This grant contains twelve (12) obligations covering everything from compliance of the
Americans for Disabilities Act to property retained in perpetuity for outdoor recreation use. The
land and the project our department would like to apply for grant funds each meet these
obligations, provided we are not violating any agreement with our outstanding water and sewer
bonds. Lake Fayetteville is owned by the Water and Sewer Fund. If at any time the City should
default on bond payments, this property could be lost. All of the Lake Fayetteville property is
currently contained within an Arkansas Parks and Tourism Park Boundary. In 1994 the City was
awarded grant funding for the pavilion at Veterans Memorial Park. This park boundary
establishes the land to remain for outdoor recreation use for perpetuity.
Section 6(0(3) of the LWCF Act states "No property acquired or developed with assistance
under this section shall, without the approval of the Secretary of the United States Department of
the Interior, be converted to other than public outdoor recreation use. The Secretary shall
approve such conversion only if he/she finds it to be in accordance with the then existing
Statewide Comprehensive Outdoor Recreation Plan (SCORP) and only upon such conditions as
he/she deems necessary to assure the substitution of other recreation properties of at least equal
fair market value and of reasonable equivalent usefulness and location." If this property must
ever be used for anything other than recreational use, it is possible to convert the park boundary.
The City is currently going through the process with the property across Highway 265.
Recommendation
After discussing this scenario with Assistant City Attorney David Whitaker, Parks and
Recreation requests City Council approval of a resolution to authorize the City, in conjunction
with the Botanical Gardens Society of the Ozarks, to apply for up to $250,000 from the Arkansas
Parks and Tounsm Outdoor Recreation Grant Program for the new Botanical Gardens site at
Lake Fayetteville.
ATTACHMENTS
Public Meeting Minutes June 6, 2005
PRAB Meeting Minutes June 6, 2005
Phase I A Conceptual Plan
BGSO/City of Fayetteville Agreement
Conditions of Arkansas Outdoor Recreation Grani
Email from Gordon Wilboum to Stephen Davis — July 13, 2005
r
I
[Clarice Pearman - Res. 35-06 - Page 11
From: Clarice Pearman
To: Edmonston, Connie
Date: 3.10.06 5:04PM
Subject: Res. 35-06
Connie,
Attached is a copy of the resolution passed by City Council, March 7, 2006 regarding the grant for
Botanical Gardens Phase 1A. I will forward the original budget adjustment to Budget & Research via
interoffice mail. If anything else is needed please let me know.
Thanks.
Clarice
CC: Bell, Peggy; Deaton, Vicki; Fell, Barbara
Connie Edmonston
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
n/a
City Council Meeting Date
Parks and Recreation
Division
Action Required:
Operations
Department
Approving contract with Arkansas Department of Parks and Tourism to accept a grant for the Botanical Gardens of
the Ozarks in the amount of $115,128.
n/a
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
x
n/a
Category/Protect Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
City Attorney
Finarfc and Internal Service Director
Mayor (bi
/ Date
4i o-oL
Date
172-706
Date
n/a
Program Category / Project Name
n/a
Program / Prosect Category Name
n/a
Fund Name
Previous Ordinance or Resolution
Original Contract Date:
Original Contract Number:
# 35-06 j
Received in Mayor's Office
DI ERED
Comments:
•'
aye vue
ARKANSAS
PARKS & RECREATION
1455 S. Happy Hollow Road
Fayetteville, AR 72701
To: Mayor Dan Coody
Thru: Gary Dumas, Operations Director S -
Connie Edmonston, Parks and Recreation Directora'G
From: David Wright, Recreation Superintendent
Date: April 6, 2006
Subject: Contract with Arkansas Department of Parks and Tourism
RECOMMENDATION
Parks and Recreation Staff recommends the Mayor to sign the attached agreement with the
Arkansas Department of Parks and Tourism. This contract will agree to the acceptance of a
grant in the amount of $115,128 to be used towards construction of the BGSO's facility at Lake
Fayetteville.
BACKGROUND
On October 2, 2005, City Council passed Resolution Number 198-05 authorizing Parks and
Recreation, in conjunction with BGSO to apply for a grant from Arkansas Department of Parks
and Tourism. The resolution states, "the City of Fayetteville and the State of Arkansas will enter
into an agreement which obligates both parties to the policies and procedures contained in the
Land and Water Conservation Fund Grants Manual including, but not limited to the following: the
park area defined by the project boundary map, submitted in the application, must remain in
outdoor recreation use in perpetuity."
At the March 7, 2006 City Council Meeting, Resolution Number 35-06, authorizing Parks and
Recreation, in conjunction with BGSO of accept the grant from Arkansas Department of Parks
and Tounsm was passed. A Budget Adjustment in the amount of $115,128.
DISCUSSION
This contract finalizes the agreement between the City of Fayetteville / BGSO and the Arkansas
Department of Parks and Tourism. After this contract is signed by both parties, the State will
send the BGSO a Notice to Proceed At that time, the BGSO can begin working on the portions
of Phase 1A, intented to be paid by the grant. Phase 1A included a Parking Lot, Great Lawn,
Garden Walks, Demonstration gardens and entry walks.
BUDGET IMPACT
The City of Fayetteville will see a total of $115,128 in expenses for the construction of Phase 1A
at the BGSO location However, the State of Arkansas will reimburse the City the total amount
of the expense.
Attachments:
Resolution 198-05
Arkansas Department of Parks and Tourism Grant Award Notification
Resolution 35-06
05/15/2006 09:48 5016820081
OUTDOOR GRANTS PAGE 01/02
NTRACT AGREEMENT
STATE OF ARKANSAS
ARKANSAS DEPARTMENT OF PARKS AND TCL1r5i"S'.L
APOICallt City afFayettevi le.
se_ :10; 14.. AF71ict S
•
j �4 0486 UGr
Prat Mit Botanical Garden of t egzauks• atLake Fayetteville
:p.is'!tl:.t ! l j!!I OgnO . ' : tit *:forst
rtelottliOsoo
•
13Q, ?C
Development of a Botanical Gardt n: at Lake Fayetteiille Park to include:
1. Drive, parking and entry walks
2. Garden walks
3. Garden terrace
4. Demonstration gardens
5. Great lawn
ProloatOnto
TSI one $`7J0 256A0
agd frpllettee, $1.13,128.(10 ,;
traridltaiieiraMfa 81_t$;128A0
AMOMONIMige
Offineranilnalei
�. Lar's'ri wrhrcuttwltttdWOniri�nd'
ihille ar�ll �lYi Mrors �iiaet Wet
tET'�°t�Ti
aali latre^gase.ramoil f itkVilrturtYl:
ctiRaftYkRanori Skil lrttat lrwtE•
05/15/2006 09:48 5016820081
OUTDOOR GRANTS
PACE 02/02
STATE OF ARKANSAS •
4r KANSAS DEPARTMENT OF PARKS AND TOURIS
OUTDOOR RECREATION GRANTS PROGRAM
a
STATEMENT OF AGREEMENT No. 2
Project No, A -10486 -06 -WA
The State of Arkansas, represented by the Executive Director, Arkansas Department of Parks and Tourism and the Applicant
named above (hereinafter referred to as the Applicant) mutually agree to perform this agreement ki accordance with the Land
and Water Conservation Fund Act of 1965, 78 Stet. 897 (1964), and with the terms,promises, conditions. plans, specifications.
estimates. procedures, project proposals, maps. and assurances attached hereto and hereby made a part hereof.
The State of Arkansas hereby promises. in consideration of the promises by the Applicant herein, to obligate to the Applicant
the amount of money referred to above, and to tender to the Applicant that portion of the obligation which is required to pay
the State of Arkansas share of the costs of the above project stage, based upon the above percentage of assistance. and also
based upon receiptofthosefends fromAct 729 of 1987. The Applicant hereby promises, in consideration of the promises made
by the State of Arkansas herein, to execute the project or project stage described above In accordance with the terms of this
agreement
The participant may not deviate from the scope of the project without the concurrence of the Arkansas Department of Parks and
Tourism Executive Director. When one of the conditions in the agreement changes, such as change in the project scope. a
revised estimate of costs. a deletion or edditiorls of Items, or a need to extend the project period, the participant will submit
In writing a formal request to the Executive Director for its approval.
The following special project terms and conditions were added to this agreement before it was signed by the parties hereto:
(1) Historic Prooerties_Preservation Act of 196G (80 Stat. 915 16 U.S.C. 470), Executive Order 11593 (Protection and
Finhancement the Cultural Environment); (2) •'u•. u . ,•a . = r • . : ,,., r• ',',..• i. .T (41 CFR
11450) P. L 91-646; (3) National Environmental Policy Act of 1989 (Public Law 91-190); (4) OMB Circular A-cs;
On Architectural Barriers Act of 196$ (P. L. 90480) (6) Fxerutive order 12ORS (Pollution Control); (7) mina ve O r 1 i S
es amended (Floodplain Management): (8) ()MB Circular A-107 (9) Fxrxxttive Orripr 11946 as amended (Equal Employment
Opportunity) 41 CFR Part 80; (10) Cooeland "Anti -Kickback' Art (18 U S.C. 874) DOL (29 CFR, Part 3); (11) jrleen Air Act of
gjQ (Construction Contract Amounts in Excess of 5100,000.00; (12) Nondiscrimination on the Basis of kandicao Sectjen
Foo Rehabilitation Act of 1479 DO((43 CFR Part 17).
The Applicant agrees to comply with the requirements of the Arkansas Department of Parks and Tourism regulations by
ktrnediatey erecting a project sign and by burying or relocating underground overhead lines at all development and acquisition
project sites.
The applicant agrees to be responsible for operation and maintenance of said park in perpetuity.
The undersigned Applicant of the State of Arkansas does hereby agree and accept the same responsibility and obligations es
set out in the herein described project and to the same extent and in the same mamer, including all requirements, as does
the State of Arkansas. The undersigned Applicant of the State of Arkansas further understands, agrees, and accepts that this
project is not effective until this project agreement has been duly executed by the State of Arkansas and the said Applicant is
notified accordingly: end no work shall be initiated and/or undertaken by said Applicant on the herein described project until
It has received said notification by the State.
In witness whereof, the parties have executed this agreement as of the date entered below.
By
KANSA() APPLICANT
neeuti,. Ok.etor
Arkansas Dom. or Parks s tourism
Dane Wel/6b
0200RG985 2/96
City of ettevill
BY
(S?gntn
Mayor of Fayetteville
,►
RESOLUTION NO. 35-06
A RESOLUTION ACCEPTING AN ARKANSAS PARKS
AND TOURISM OUTDOOR RECREATION GRANT IN
THE AMOUNT OF $115,128.00 FOR THE
CONSTRUCTION OF PHASE 1A OF THE BOTANICAL
GARDENS; AND APPROVING A BUDGET
ADJUSTMENT RECOGNIZING THE GRANT
REVENUE.
WHEREAS, the City of Fayetteville, Arkansas seeks to improve recreation
facilities in the City, and sought grant funding assistance for such; and,
WHEREAS, in order to obtain the funds necessary to develop and/or improve the
site for such a recreation area, it was necessary to obtain a 50/50 Matching Grant from
the Arkansas Department of Parks and Tourism's Outdoor Recreation Grant Program;
and,
WHEREAS, the City Council of the City of Fayetteville, Arkansas understands
the grantee and grantor will enter into a bmding agreement which obligates both parties
to the policies and procedures contained in the Land and Water Conservation Fund
Grants Manual including, but not limited to the following: the park area defined by the
project boundary map, submitted in the application, must remain in outdoor recreation
use in perpetuity, regardless if the property is bought or developed with matching grant
funds and; all present and future overhead utility lines within the project boundary must
be routed away or placed underground and, the project area must remain open and
available for use by the public at all reasonable times of the day and year; facilities can be
reserved for special events, league play, etc but cannot be reserved, leased, or assigned
for exclusive use, and; the project area must be kept clean, maintained, and operated in a
safe and healthful manner. The City Council of the City of Fayetteville, Arkansas is well
aware and apprised of the above-mentioned project, and will provide the local portion of
the development cost of the entire project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby
accepts, in cooperation with the Botanical Garden Society of the Ozarks, a Outdoor
Recreation matching grant from the Arkansas Department of Parks and Tourism for
assistance, in the amount of $115,128.00, to develop recreation facilities for the City, to
wit: the construction of Phase 1 A of the Botanical Gardens.
RESOLUTION NO. 198-05
A RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR AN
ARKANSAS PARKS AND TOURISM OUTDOOR RECREATION GRANT IN
THE AMOUNT OP 5250,000.00 FOR THE CONSTRUCTION OF PHASE IA OF
THE BOTANICAL GARDENS.
WHEREAS, the City of Fayetteville, Arkansas seeks to improve recreation fealties and
wishes to seek grant funding assistance; and,
WHEREAS, in order to obtain the funds necessary to develop and/or improve the site
for such a recreation area, it is necessary to obtain a 50/50 Matching Grant from the Arkansas
Department of Parks and Tourism's Outdoor Recreation Grant Program; and,
WHEREAS, the City Council of the City of Fayetteville, Arkansas understands the
grantee and grantor will enter into a binding agreement which obligates both parties to the
policies and procedures contained in the Land and Water Consaoation Fund Gents Manual
including, but not limited to the following the park area dated by the project boundary map,
submitted in the application, must remain in outdoor recreation use in perpetuity, regardless if
the property is bought or developed with matching grant funds and; all present and future
overhead utility lines within the project boundary must be routed away or placed underground
and; the project area must remain open and available for use by the public at all reasonable times
of the day and year; fadlties can be reserved kr special events, league play, etc. but cannot be
reserved, leased, or assigned for exclusive use, and; the project area must be kept clean,
maintained, and operated in a safe and healthful mamma. The City Council of the City of
Fayetteville, Arkansas is well aware and apprised of the above-mentioned project, and will
provide the local portion of the development cost of the entire project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYEITEVI.LE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the Mayor in conjunction with the Botanical Garden Society of the Ozarks to make application to
the Arkansas Department of Parks and Tourism for assistance, in the amount of $250,000.00, to
develop recreation facilities for the City, to wit the construction of Phase IA of the Botanical
Gardens. Therefore, such application shall be submitted as expediently as possible.
PASSED and APPROVED this 4m day of October, 2005.
ATTEST:
BY: